I had already answered this and this stupid platform is deleting my responses (I’m only the webmaster, for heaven’s sake!)
Section 90, below, says the Tribunal can award costs to be paid by specific owners, namely the owners corporation but not the winning owners, via a special levy.
Section 104 (also below) says the Owners Corp can’t ask for a share in costs from owners successful in seeking orders against it, or in defending orders sought by them.
I think the difference is that in Section 90, the parties are seeking a resolution of a dispute but under Section 104, one or other side is seeking orders.
And the significant difference is that under S90, the Tribunal may rule on costs whereas under S104 there is no leeway – the winner can’t be expected to pay.
(1) This section applies to proceedings brought by one or more owners of lots against an owners corporation or by an owners corporation against one or more owners of lots (including one or more owners joined in third party proceedings).
(2) The court may order in the proceedings that any money (including costs) payable by an owners corporation under an order made in the proceedings must be paid from contributions levied only in relation to the lots and in the proportions that are specified in the order.
(3) The owners corporation must, for the purpose of paying the money ordered to be paid by it, levy contributions in accordance with the terms of the order and must pay the money out of the contributions paid in accordance with that levy.
(4) This Division (other than provisions relating to the amount of contributions) applies to and in respect of contributions levied under this section in the same way as it applies to other contributions levied under this Division.
104 Restrictions on payment of expenses incurred in Tribunal proceedings(1) An owners corporation cannot, in respect of its costs and expenses in proceedings brought by or against it for an order by the Tribunal, levy a contribution on another party who is successful in the proceedings.
(2) An owners corporation that is unsuccessful in proceedings brought by or against it for an order by the Tribunal cannot pay any part of its costs and expenses in the proceedings from its administrative fund or capital works fund, but may make a levy for the purpose.
(3) In this section, a reference to proceedings includes a reference to proceedings on appeal from the Tribunal.